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Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.
In moral and political philosophy, the social contract is an idea, theory or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution.
Public choice, or public choice theory, is "the use of economic tools to deal with traditional problems of political science." Its content includes the study of political behavior. In political science, it is the subset of positive political theory that studies self-interested agents and their interactions, which can be represented in a number of ways—using standard constrained utility maximization, game theory, or decision theory. It is the origin and intellectual foundation of contemporary work in political economy.
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Ronald Myles Dworkin was an American legal philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H. L. A. Hart.
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Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consent of its people, who are the source of all political legitimacy. Popular sovereignty, being a principle, does not imply any particular political implementation. Benjamin Franklin expressed the concept when he wrote that "In free governments, the rulers are the servants and the people their superiors and sovereigns".
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Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consent of its people, who are the source of all political legitimacy. Citizens may unite and offer to delegate a portion of their sovereign powers and duties to those who wish to serve as officers of the state, contingent on the officers agreeing to serve according to the will of the people. In the United States, the term has been used to express this concept in constitutional law. It was also used during the 19th century in reference to a proposed solution to the debate over the expansion of slavery in the United States. The proposal would have given the power to determine the legality of slavery to the inhabitants of the territory seeking statehood, rather than to Congress.
Criticism of democracy, or debate on democracy and the different aspects of how to implement democracy best have been widely discussed. There are both internal critics and external ones who reject the values promoted by constitutional democracy.
Holly Brewer, is a legal historian. Since 2011, she has been Burke Professor of American History and Associate Professor of History at the University of Maryland, College Park. Before that, she was Assistant, Associate, and Full Professor of History at NC State in Raleigh, NC. She is also the director of the Slavery, Law, and Power project, an effort dedicated to bringing the many disparate sources that help to explain the long history of slavery and its connection to struggles over power in early America, particularly in the colonies that would become the United States.
Audra Simpson is Professor of Anthropology at Columbia University. Her work engages with Indigenous politics in the United States of America and Canada and cuts across anthropology, Indigenous studies, American and Canadian studies, gender and sexuality, and political science. She is the author of the prize-winning book Mohawk Interruptus: Political Life Across the Borders of Settler States. Simpson has won multiple teaching awards from Columbia University, and was the second anthropologist to win the Mark Van Doren Award for Teaching in the prize's history. Simpson is a citizen of the Kahnawà:ke Mohawk Nation.
References
- ↑ Shurson, Jessica (March 2021). "Don Herzog, Sovereignty, RIP, New Haven and London: Yale University Press, 2020, 299 pp, hb £30.00". The Modern Law Review. 84 (2): 424–427. doi:10.1111/1468-2230.12586. ISSN 0026-7961.
- ↑ Gathii, James (7 July 2020). "Burying Sovereignty All Over Again: A Brief Review of Don Herzog's Sovereignty RIP". EJIL: Talk!.
- ↑ Sloane, Adam C. (1990). "Happy Slaves: A Critique of Consent Theory". Michigan Law Review.
- ↑ Thompson, Martyn P. (1992). "Review of Happy Slaves: A Critique of Consent Theory". History of Political Thought. 13 (2): 367–370. ISSN 0143-781X.
